C.R.P.C. SECTION 164
State of Karnataka
Shivanna @ Tarkari Shivanna
Para 9: On considering the same, we have accepted the suggestion offered by the learned counsel who appeared before us and hence exercising powers under Article 142 of the Constitution, we are pleased to issue interim directions in the form of mandamus to all the police station in-charge in the entire country to follow the directions of this Court which are as follows:
- Upon receipt of information relating to the commission of the offense of rape, the Investigating Officer shall make immediate steps to take the victim to any Metropolitan/preferably Judicial Magistrate for the purpose of recording her statement under Section 164 of the Code of Criminal Procedure. A copy of the statement under Section 164 of the Code of Criminal Procedure should be handed over to the Investigating Officer immediately with a specific direction that the contents of such statement under Section 164 of the Code of Criminal Procedure should not be disclosed to any person till charge sheet/report under Section 173 of the Code of Criminal Procedure is filed.
- The Investigating Officer shall as far as possible take the victim to the nearest Lady Metropolitan / preferably Lady Judicial Magistrate.
- The Investigating Officer shall record specifically the date and the time at which he learned about the commission of the offense of rape and the date and time at which he took the victim to the Metropolitan / preferably Lady Judicial Magistrate as aforesaid.
- If there is any delay exceeding 24 hours in taking the victim to the Magistrate, the Investigating Officer should record the reasons for the same in the case diary and hand over a copy of the same to the Magistrate.
- Medical Examination of the victim: Section 164 A of the Code of Criminal Procedure.
Inserted by Act 25 of 2005 in Code of Criminal Procedure imposes an obligation on the part of Investigating Officer to get the victim of the rape immediately medically examined. A copy of the report of such medical examination should be immediately handed over to the Magistrate who records the statement of the victim under Section 164 of the Code of Criminal Procedure.
Para 10: A copy of this order thus be circulated to all the Director Generals of Police of all the States/Commissioner of Police in Metropolitan cities/ Commissioner of Police of Union Territories who are then directed to send a copy of this order to all the police stations in charge in their States/Union Territories for its compliance in cases which are registered on or after the receipt of a copy of these directions.